Section 56 Class Exemption to Authorize the Conduct of Activities with Cannabis in Hospitals

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• Definitions
• Scope of Exemption
• Terms and Conditions

Definitions

The terms used in this exemption have the same meaning as they do in the Controlled Drugs and Substances Act (CDSA) or its regulations, except as defined below:

"cannabis" includes its preparations and derivatives, including:

1. cannabis resin;
2. cannabis (marihuana) except dried marihuana;
3. cannabidiol (2-[3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol);
4. cannabinol (3-n-amyl-6,6,9-trimethyl-6-dibenzopyran-1-ol);
5. tetrahydrocannabinol (tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol);
   
   but not including
6. non-viable cannabis seed, with the exception of its derivatives;
7. mature cannabis stalks that do not include leaves, flowers, seeds or branches, and fiber derived from such stalks;
8. similar synthetic preparations;
9. a drug in dosage form, as defined in subsection C.01.005(3) of the Food and Drug Regulations, that has a drug identification number assigned to it under Division 1 of Part C of those Regulations or that is authorized for sale under Division 5 of that Part.

"cannabis oil" means an oil, in liquid form, that contains cannabis or dried marihuana.

"fresh marihuana" means fresh marihuana buds and leaves, but does not include plant material that can be used to propagate marihuana.

"hospital" has the same meaning as in subsection 2(1) of the Narcotic Control Regulations (NCR).

Scope of Exemption

Pursuant to section 56 of the CDSA, a person who is in charge of a hospital, a hospital employee or a person acting as the agent or mandatary of a hospital employee is, if they comply with the applicable terms and conditions set out below, exempted from the application of subsection 4(1) and section 5 of the CDSA and the provisions of the NCR to the extent necessary to allow the them to

1. possess fresh marihuana or cannabis oil obtained from a licensed producer;
2. only in the case of an employee, agent or mandatary, administer, sell or provide fresh marihuana or cannabis oil obtained from a licensed producer to a person under treatment as an in-patient or out-patient of the hospital or sell or provide such marihuana or oil to an individual who is responsible for the in-patient or out-patient or, for emergency purposes, to a hospital employee or health care practitioner in another hospital;
3. only in the case of a pharmacist, sell, provide or return fresh marihuana or cannabis oil;
4. only in the case of a person who is in charge of a hospital, authorize the administration, sale or provision of fresh marihuana or cannabis oil under paragraph (b) or the sale, provision or return of such marihuana or oil under paragraph (c).

Terms and Conditions

1. The hospital employee, or the person acting as the agent or mandatary for the hospital employee, may possess fresh marihuana or cannabis oil only while acting in the course of their employment or in their role as agent or mandatary.
2. The person in charge of a hospital may permit fresh marihuana or cannabis oil to be administered, sold or provided to an in-patient or out-patient of the hospital, or to be sold or provided to a person who is responsible for such a patient, only on receipt of a prescription, a written order or a medical marihuana document, signed and dated by a health care practitioner.
3. The person in charge of a hospital may permit fresh marihuana or cannabis oil to be provided, for emergency purposes, to a hospital employee or health care practitioner in another hospital on receipt of a written order signed and dated by a pharmacist in the other hospital or a health care practitioner authorized by the person in charge of the other hospital to sign the order. The signature of the pharmacist in the other hospital or of the health care practitioner authorized by the person in charge of the other hospital to sign an order must be known to the person who sells or provides the fresh marihuana or cannabis oil or must be verified.
4. The person in charge of a hospital must comply with subparagraphs 63(a)(ix) and (x) of the NCR, with the necessary adaptations.
5. The pharmacist must sell, provide or return the fresh marihuana or cannabis oil in accordance with subsection 65(2.1) or (3.1) or section 65.3 of the NCR, with the necessary adaptations.
6. The pharmacist must comply with section 30 of the NCR, with the necessary adaptations.

Effective Date: July 8, 2015